This page provides information and links to online resources for the registration requirements for transmission instruments.
A transmission can only be registered under section 87 of the Land Transfer Act 2017 when a legal estate or interest has vested by operation of law in the applicant.
Some common grounds for applying to register a transmission are:
- The survivor of a joint tenancy.
- An executor or administrator of a deceased estate
- The Official Assignee upon the bankruptcy of the owner of the registered owner or interest holder.
Transmission instruments that are prepared electronically using the e-dealing template must be supported by the following evidentiary information:
- an authority and instruction form,
- a signed statutory declaration, and
- documentary evidence showing the grounds for the transmission e.g. death certificate, probate or certificate of incorporation (as appropriate).
A transmission instrument must be registered before the applicant can deal with (e.g. transfer) the title or interest affected.
This article covers the importance of the statutory declaration and correctly entering the name of the person leaving the title and the name of the person going on to the title.
The transmission types that are currently available in Landonline are:
- Bona vacantia
- Section 113E Building Societies Act 1965
- Section 34 Building Societies Act 1965
- Part 13 Companies Act 1993
- Section 324 Companies Act 1993
- Determination of life estate or lease for life on death
- Joint Family Homes Act 1964 (simultaneous death only)
- Official Assignee under the Insolvency Act 1967
- Official Assignee under the Insolvency Act 2006
- Simultaneous Deaths Act 1958
- Survivorship pursuant to s 72 Property Law Act 2007
- Trustee change - District Grand Lodges Act 1976
- Trustee change - Grand Lodge of Freemasons Act 1903
- Trustee change - Provincial Grand Lodges Act 1946
There is additional information about Freemason trustee changes here.
LINZ has developed a transmission checklist to help you with the registration requirements for transmissions. Download a copy of the form via the link in the File Attachments section at the bottom of the page.
Information about the e-dealing compliance review process and evidence that must be retained to support certifications for instruments that are registered electronically is found on the Evidentiary requirements page.
Standard statutory declaration forms (suitable for some transmissions) can be located on the Land registration forms page
Instrument codes for different types of transmissions are set out below:
Transmission of Licence under Crown Forest Assets Act 1989
Transmission of Mortgage
A full list of instruments and their method of lodgement is available here.
This article differentiates between Change of Name, Transmission and Transfer instruments and explains when each instrument should be used.
If the last surviving joint tenant dies before a transmission by survivorship to that person was registered, two transmissions are required (except if the estate is a life estate or lease for life).
The first transmission should be a transmission by survivorship to the last surviving joint tenant. The second transmission should be a transmission by executor/administrator from the executor/administrator of the estate of the last surviving joint tenant.
The practitioner certifying and signing the transmissions will need to hold as evidence:
- one authority and instruction (A&I) from each executor/administrator of the last surviving joint tenant covering both transmissions
- a copy of the death certificates for each joint tenant whose interest is being transmitted in the dealing
- a copy of the probate/letters of administration of the last surviving joint tenant
- a statutory declaration that includes a recital about the sequence of events for both the transmission by survivorship and transmission to the executor.
For life estates or lease for life, only one transmission is required (i.e. transmission determining the life estate). In this case, the practitioner signing and certifying the transmission will need to hold as evidence:
- an A&I from the remainderman or reversioner
- a copy of the death certificates
- a statutory declaration that includes a recital about the sequence of events for the death(s) of the life tenants.
Do you still need a paper transmission as well as the statutory declaration?
A paper transmission is not required. A paper transmission by itself is not sufficient evidence of the practitioner's authority for the RGL’s audit purposes. An A&I form and statutory declaration needs to be completed and held with the documentary evidence of the qualifying event (death certificate, probate etc). The transmission instrument is prepared electronically using the e-dealing template.
The Date Acquired will depend on the type of transmission:
- Survivorship - date of death is only applicable for this type of transmission
- Executor/Administrator - date probate or letters of administration have been issued
- Official Assignee - court order of adjudication is a prerequisite, enter the date of the court order in the Date Acquired field
- Company – the date acquired for an amalgamation under Part 13 of the Companies Act 1993 will be the date of the Certificate of Amalgamation. The date for a removal from the Register under section 324 Companies Act 1993 is the date of the removal.
- Bona Vacantia - date of vesting to Her Majesty the Queen.
When you submit a transmission as survivorship, is it AUTOREG?
Yes, in most instances this will be AUTOREG but in the following cases it will step down to Lodge:
- If the transmission was created in Complex/Exception mode
- If there is a caveat, or pending caveat against the title, which LINZ needs to check in terms of the Succession (Homicide) Act 2007 (note it will fail business rule T031)